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Home My WebLink AboutO-1998-2224-B G REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Reqne"ed: 8-28-06 'fi!it Requested By: Richard K Reff /Q c Bud!!et Source of Funds: Department: PQlil:e Dep:ntmellt Account Number: Report: Resolution: Ordinance: / Amount Budgeted: Exhibits: Agreement with L.P .I.S.D. for SCh:t t:1~ & DARE Officers ell ~ ~ Amount Requested: Exhibits: Budgeted Item: YES NO Exhibits SUMMARY & RECOMMENDATION Request is made that City Council approve the City Manager to execute an agreement with the La Porte Independent School District for providing the District with four (4) School Resource Officers and one (1) DARE Officer. As in previous agreements this agreement is for three (3) years, with a provision for extension of the agreement. The agreement provides for the reimbursement of funds for these positions for the designated number of days per school year. Action Required bv Council: Approve the execution of the contract by the City Manager. J/r2d -O~ Date --- \/'t ORDINANCE NO. 98-2224 B AN ORDINANCE APPROVING AND AUTHORIZING A LAW ENFORCEMENT SERVICES AGREEMENT BETWEEN THE CITY OF LA PORTE AND THE LA PORTE INDEPENDENT SCHOOL DISTRICT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by reference. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents posting thereof. ORDINANCE NO. 98-2224 H Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 28th day of August, 2006. CITY OF LA PORTE By:~~L~ Alton Porter Mayor ATTEST: - L kYlll'l1i ~ a ' fLw) ~llett City Secretary APPROVED: ~/~ ark T. Askins ' A(j City Attorney AGREEMENT STATE OF TEXAS { { COUNTY OF HARRIS { WHEREAS, this Agreement is made and entered into by and between the LA PORTE INDEPENDENT SCHOOL DISlRICT, hereinafter called "DISlRICT", and the CITY OF LA PORTE, a Texas Municipal Corporation, hereinafter called "CITY". WIT N ESE T H: WHEREAS, DISTRICT desires to have the Chief of Police of the City of La Porte, hereinafter called "CHIEF", authorize and direct five (5) of CITY's patrol officers, hereinafter called "PATROL OFFICERS", to devote those officers' working time to the District Schools, during the normal school year, including teacher work days; and WHEREAS, DISlRICT is willing to pay the CITY an agreed amount equal to the cost to the CITY for supplying law enforcement services, including salary and any additional expenses the CITY may incur in providing these services, so as to enable the PATROL OFFICERS assigned by the CHIEF to provide those services; NOW THEREFORE, in consideration of the mutual covenants, agreements, and benefits to both parties, it is AGREED as follows: I. The CITY agrees to authorize the CHIEF to assign PATROL OFFICERS to provide law enforcement services to La Porte Schools. As used herein, the phrase "working time" means the usual or normal hours that the PATROL OFFICER is required to work in any calendar month and does not include any extra overtime work. The time the PATROL OFFICERS are on duty within the area of the schools, the time the PATROL OFFICERS are in court in connection with cases arising out of events occurring within the area, the time the PATROL OFFICERS spend in preparing reports and documents pertaining to events occurring in the area, the time the PATROL OFFICERS spend transporting persons arrested in the area to jail, the time the PATROL OFFICERS spend investigating crimes or possible crimes committed in the area, and the time spent in any and all activities related to performing law enforcement services for the DISlRICT shall be deemed working time. The items listed above are explanatory and the meaning for "working time" is not limited to said list. II. The DISTRICT agrees to pay to the CITY the sum of $207,078.08 ("Base Amount") for assignment of five (5) PATROL OFFICERS to the DISTRICT, for the first school year included in this agreement. The Base Amount is based on four (4) officers working eight (8) hours each day, for 181 days in the school year, and one (1) D.A.R.E. PATROL OFFICER working 724 hours in the school year, and shall serve as compensation for the working time of said PATROL OFFICERS. The Base Amount shall remain consistent for the first year, except as otherwise provided under this agreement, but said Base Amount shall increase to the sum of $210,128.24 for school year two, and further increase to the sum of $213,310.85 for school year three, of this agreement. Said increases of the Base Amount shall include and incorporate the PATROL OFFICERS' structured pay raises for school year two and three under this agreement, as indicated in the salary schedule of payment attached as Exhibit A to the agreement and incorporated by reference for all purposes. The DISTRICT further agrees that the Base Amount, and/or the increases to Base Amount for school years two and three as specified in the preceding paragraph and on Exhibit A to this agreement, may be increased by a factor equal to any Consumer Price Index - Urban (CPI-U) increases, for each year thereafter, using January 2006, as a base. The CITY shall notify the DISTRICT of any increases at least thirty (30) days prior to the effective date of the proposed increase. The CITY agrees to provide to the DISTRICT an invoice, at the beginning of each semester, setting forth the costs for providing the law enforcement services to the DISTRICT. The DISTRICT agrees to reimburse the CITY the cost as set forth in the invoice within thirty (30) days of the date of such invoices. If the DISTRICT, for any reason disputes any items in any invoices submitted by the CITY, the DISTRICT shall promptly notify the CITY of the dispute and request clarification and/or remedial action. The decision of the CITY regarding all disputes involving the cost for providing PATROL OFFICERS shall be final. Payment shall be made to the City of La Porte, Attention: Finance Director, 604 West Fairmont Parkway, La Porte, Texas 77571. Invoices sent by the CITY shall be addressed to La Porte Independent School District: Attention: David Drake, Business Office, 301 East Fairmont Parkway, La Porte, Texas 77571. Either party hereto may change its address for the purposes of this agreement by giving written notice of such change in the manner provided for in this agreement. ID. The term of this agreement shall be for each school year, as determined by the DISTRICT, commencing August 7, 2006, for the 2006-2007 school year, and ending on the final day of school in the year 2009, and shall include an option to extend this agreement for an additional two (2) years, with the same terms and conditions, upon the express written approval of the CITY and the DISTRICT. It is expressly understood and agreed that the period or term of this agreement may be terminated with or without notice by the CITY at any time after the DISTRICT has defaulted OIl any payment of any obligation hereunder. Payments hereunder shall be pro-rated to effective date of cancellation. Any notice permitted or required to be given in this paragraph to the DISTRICT shall be given by registered or certified United States mail, postage prepaid, return receipt requested, and addressed to the DISTRICT at 301 East Fairmont Parkway, La Porte, Texas 77571. Any notice permitted or required to be given in this paragraph to the CITY shall be given by registered or certified United States mail, postage prepaid, return receipt requested, and addressed to the CITY, Attention: City Manager, at 604 West Fairmont Parkway, La Porte, Texas 77571. N. It is expressly understood and agreed that any PATROL OFFICERS assigned to work at the DISTRICT shall be subject to the exclusive control and supervision of the ClllEF and to the same extent as all other PATROL OFFICERS, and shall have no duty or obligation to the DISTRICT other than those duties or obligations which the PATROL OFFICERS would have to the public generally, to enforce state laws and CITY ordinances, specifically, PATROL OFFICERS shall not be required to enforce DISTRICT rules and regulations. The CHIEF shall set the working times (hours and days) for the PATROL OFFICERS after consulting with a designated agent of the DISTRICT. V. It is expressly agreed and understood between the DISTRICT and the CITY, that if, in the opinion of the CHIEF, it is necessary to use the PATROL OFFICERS assigned to carry out this agreement for other duties due to an emergency, or other reasons as determined solely by the CHIEF, that the CHIEF may temporarily suspend the assignment of PATROL OFFICERS to comply with this agreement. It is, however understood by both the CITY and the DISTRICT that the DISTRICT will be credited on a pro-rata basis for charges hereunder if an officer is temporarily assigned to other duties at the direction of the CHIEF. VI. Both parties mutually agree that the CITY is an independent contractor, and shall have exclusive control of performance hereunder, and that employees of the CITY are in no way to be considered employees of the DISTRICT. VII. Should any litigation be commenced between the parties hereto concerning this agreement, or the rights and duties of either party in relation thereto, the party prevailing in such litigation shall be entitled, in addition to such other relief as may be granted, to a reasonable sum as and for its attorney's fees in such litigation. Nothing in this paragraph shall be construed so as to limit or waive the sovereign immunity of either the CITY of the DISTRICT. VITI. This agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties hereunder shall be performed in Harris County, Texas. IX. If any one or more of the provisions contained in this agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceabillty shall not affect any other provision thereof and this agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. x. This agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understanding of written or oral agreements between the parties respecting the subject matter within. XI. No amendment, modification, or alteration of the terms hereof shall be binding unless submitted in writing, dated subsequent to the date hereof, and duly executed by both parties. XII. Neither party to this agreement may assign their rights, duties, or interests without first obtaining the written consent of the other party. Consent to one assignment shall not be deemed to be consent to any subsequent assignment. An assignment without the written agreement of both parties, or an assignment by operation of law, shall be void, and shall, at the option of either party, terminate this agreement. IN WITNESS WHEREOF, the undersigned DISTRICT and CITY hereto execute this agreement effective on this 14th day of August, 2006. By: CITY OF LA PORTE Gt~ OJ ~ Debra F eazelle City Manager / . I . .i/~ ATTEST: By: '-1!1. MtA~ II eAld artha A. GIllett City SecretaIy By: APPROVED: ~T~ City Attorney By: By: LA PORTE INDEPENDENT SCHOOL DISTRICT ~ ~~b~ President Board of Trustees Kathy Green La Porte Police Department LPISD Officers for School Year DARE Officer 1 Semester Year 1 Blakemore Persails Novosad Larkey Stanley LPISD #1 LPISD #2 LPISD #3 LPISD #4 DARE Wages 35678.72 35678.72 30494.88 31711.20 17158.08 FICA 2729.42 2729.42 2332.86 2425.91 1312.59 Health 4849.03 4849.03 4849.03 4849.03 2483.57 Life 25.47 25.47 25.47 25.47 25.47 TMRS 4620.39 4620.39 3949.09 4106.60 2221.97 Work/Comp 781.36 781.36 667.84 694.48 375.76 48684.40 48684.40 42319.16 43812.68 23577.44 Total Year 1 $ 207,078.08 Year 2 LPISD #1 LPISD #2 LPISD #3 LPISD #4 DARE Wages 35678.72 35678.72 31711.20 32985.44 1 71 51 .56 FICA 2729.42 2729.42 2425.91 2523.39 1312.09 Health 4849.03 4849.03 4849.03 4849.03 2483.57 Life 25.47 25.47 25.47 25.47 25.47 TMRS 4620.39 4620.39 4106.60 4271.61 2221 .13 Work/Comp 781.36 781 .36 694.48 722.38 375.62 48684.40 48684.40 43812.68 45377.32 23569.44 Total Year 2 210,128.24 Year 3 LPISD #1 LPISD #2 LPISD #3 LPISD #4 DARE Wages 35678.72 35678.72 32985.44 34303.12 1 71 51 .56 FICA 2729.42 2729.42 2523.39 2624.19 1312.09 Health 4849.03 4849.03 4849.03 4849.03 2483.57 Life 25.47 25.47 25.47 25.47 25.47 TMRS 4620.39 4620.39 4271.61 4442.25 2221 .13 Work/Comp 781.36 781.36 722.38 751.24 375.62 48684.40 48684.40 45377.32 46995.30 23569.44 Total Year 3 $ 213,310.85 3 YEAR TOTAL $630,517.17